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Manufacturing

Overview

From its earliest days, Nutter has partnered with New England manufacturers to address their legal needs and business opportunities. We understand that manufacturing businesses need to invest their resources in producing, distributing and selling products, and need to keep their legal matters as controlled and predictable as possible. We work with our clients to anticipate their needs and make good decisions that create as much long-term benefit to their business as possible. From corporate formation to distribution and supply chain agreements, to labor and employment matters including executive compensation, to product liability, toxic tort and other litigation; to intellectual property, environmental issues and real estate, we can provide the combination of expertise that addresses the requirements of each particular company and management team.

We have experience in a large number of industries, with clients who manufacture both consumer and industrial products, including paper, computers, advanced materials, aerosol cans, plastics, filters, petroleum products, windows and doors, prescription drugs, and medical and surgical devices.

Nutter’s personal approach and close partner involvement has proven to work effectively with businesses of all types, including middle-market manufacturers for whom the firm performs in a general counsel role. Whatever the size or mission of our client’s company, we know that our job is to be a resource and an asset.

The firm’s experience with large multinational companies focuses in areas where the firm has exceptional depth of expertise, such as intellectual property, government enforcement defense and product liability. The firm is also called upon when companies and other counsel throughout the country and internationally require experienced local counsel with a top reputation and extensive resources.

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Representative Matters

Representative Matters

  • Shawmut Corporation

    Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.

  • Lallemand USA, Inc.

    Advised Lallemand USA, Inc., a U.S. subsidiary of the global yeast manufacturing company, in its asset acquisition of yeast manufacturing plant and business based in North Dakota.

  • Atlas Devices

    Nutter advised Atlas Devices, LLC, a leading developer, manufacturer, and supplier of rapid access solutions, in its recapitalization by Anvil Capital. 

  • OSRAM

    Nutter represented OSRAM, one of the world’s leading lighting manufacturers with headquarters in Munich, Germany, in its acquisition of Digital Lumens Inc., a Boston-based company that specializes in industrial Internet of Things (IoT) solutions.

  • Automotive Products Liability Trial

    An automotive products liability trial in 2016 against Hyundai Motor America, involving a claim that the brake and accelerator pedal configuration of an automobile was conducive to simultaneous depression of the pedals and unintended acceleration, resulting in serious personal injuries. After a seven-day trial, the jury returned a defense verdict in favor of Nelson Apjohn’s client, Hyundai Motor America.

  • Wincove Private Holdings LP

    Nutter advised Wincove Private Holdings, LP, an investment holding company with offices in Boston and New York, when it led a recapitalization of Aloi Solutions, LLC.

  • LINTEC USA Holding, Inc.

    Nutter advised LINTEC USA Holding, Inc., a wholly owned U.S. subsidiary of Japan-based LINTEC Corporation (TYO: 7966), in its acquisition of VDI, LLC, a functional film manufacturer headquartered in Kentucky.

  • Madico, Inc.

    Nutter advised Madico, Inc., one of the world’s leading manufacturers of automotive, solar, safety, and security films, in its acquisition of select assets of ClearPlex Corporation, an established supplier of protection films based in Draper, Utah.

  • Harvey Building Products, Inc.

    Represented Harvey Building Products in its sale to Dunes Point Capital after a full auction process.

  • Lallemand, Inc.

    Advised Lallemand USA, Inc., a U.S. subsidiary of a global yeast manufacturing company, when it acquired 100% of the equity of USA Yeast Company, LLC, a yeast manufacturing plant and business based in Mississippi.

  • CIRCOR International, Inc.

    Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil and gas, power generation, and aerospace and defense, when CIRCOR announced that it has signed a definitive agreement to acquire Critical Flow Solutions (CFS) for $210 million.

  • Represented large pharmaceutical company in a federal investigation involving allegations of off-label promotion

    Counsel for one of world's largest healthcare companies in six-year investigation into alleged off-label use of one of its leading products.

  • Represented a manufacturer of prosthetic spine implants in multi-district product liability litigation involving over 250 plaintiffs

    Represented medical device manufacturer in a multi-district product liability litigation involving over 250 plaintiffs. Managed team of associates in the review and production of over four million pages of documents contained in an Electronic Reading Room.

  • Representation of a manufacturer of prosthetic hip implants in multi-district product liability litigation

    Member of the science team responsible for expert witness preparation.

  • Defense verdict in U.S. District Court

    Sarah Kelly was part of a team that secured a defense verdict for its client after a four-week jury trial in the U.S. District Court for the District of Massachusetts. A major European luxury hotel brought suit against Nutter’s client based on the client’s alleged connection to a significant fire at the hotel. The hotel claimed that the client was responsible for this fire because one of the client’s guests, a customer, negligently discarded a cigarette in her hotel room.

    After four years of discovery and motion practice, Nutter presented its case to a jury, demonstrating not only that its client was not negligent but that the hotel’s fire safety practices were inadequate. The trial lasted four weeks, while the jury deliberated for less than a day before rendering a verdict entirely in favor of Nutter’s client. 

  • Obtained favorable settlement on patent infringement claims

    Our client was sued for allegedly infringing a patent pertaining to the method by which our client’s product was packaged. Though the client denied any infringement, the client was able to settle the matter on favorable terms, including an advantageous license arrangement.

  • Represent company in multi-district product liability litigation

    Represent medical device company in a multi-district product liability litigation involving recalled device. Member of team responsible for analysis of the science, retention of expert witnesses, analysis of company documents and developing narrative themes for company witnesses.

  • National representation of corporate tenant on all facets of real estate acquisition, sale, leasing, financing, permitting, environmental, brokerage, construction contract and architect

    Representation of medical device manufacturer on a national basis on real estate leasing, acquisition, disposition, financing, permitting, environmental and other land use related activities, including negotiation of letters of intent, purchase and sale agreements, leases, lease amendments, architects and construction contracts, brokerage agreements and other consulting arrangements.

  • Litigation Support and Strategy

    Developed strategy and provided litigation support for a herbicide manufacturer that successfully enforced IP rights against two competitors, resulting in early favorable settlements.

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